Court rules against Gresham bakers in same-sex wedding cake case

31 December, 2017

As a quick refresher, the drama's been more or less continuous since 2013, when owners Melissa and Aaron Klein refused to make a wedding cake for Rachel and Laurel Bowman-Cryer because the couple was lesbian and they're Christian.

Attorneys for the First Liberty Institute, which argued for the Kleins in front of the Oregon Court of Appeals last March, contend the bakery owners are being denied their First Amendment right to free speech and can't be forced under state law to endorse same-sex marriage by serving a same-sex couple.

The Kleins, who owned Sweet Cakes By Melissa, made national headlines in 2013 when they declined to make a wedding cake for Rachel and Laurel Bowman-Cryer.

Now, an OR court has issued a ruling adverse to the Kleins: They must pay the $135,000 fine to the offended party for "emotional damages", upholding a prior court ruling.

"We believe that freedom of expression for ourselves means freedom of expression for others", said Mike Berry, a First Liberty attorney, via Skype.

In a statement, Cryer and Bowman applauded the court ruling saying, "All of us are equal under the law and should be treated equally".

"Today, the Oregon Court of Appeals decided that Aaron and Melissa Klein are not entitled to the Constitution's promises of religious liberty and free speech", Kelly Shackelford, the organization's president and CEO, said in a statement. Though online donations allowed the couple to operate their bakery from home, Melissa claimed she has since ended her online business. Supreme Court began hearing arguments in the case of a Colorado baker who refused to make a wedding cake of a gay couple because of his religious beliefs. The money has been held in escrow during the appeal process and will continue to be, as the Kleins may appeal further, to the Oregon Supreme Court, The Register-Guard reports. 'In a diverse and pluralistic society, people of good will should be able to peacefully coexist with different beliefs'.

It was not, the judges agreed, a violation of the Kleins' constitutional rights to freedom of religion and expression. "In Oregon, businesses that are open to the public are open to all", they said.

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